The money gap between Orleans Parish Sheriff Marlin Gusman and the city over initial steps to reform the city's beleaguered jail operations came into sharp focus on Wednesday in a court filing over a pending federal consent decree. Gusman has put in for nearly $40 million from the city for "interim funding" to meet the demands of an agreement to overhaul staffing problems, mental health care and many other aspects of the much-criticized jail facilities.

Orleans Parish Criminal Sheriff Marlin Gusman shows off the holding cells during a 2009 tour inside the a jail building located directly behind Orleans Parish Criminal District Court.Michael DeMocker, The Times-Picayune archive

U.S. District Judge Lance Africk asked all of the parties to lodge any objections to the appointment of retired Orleans Parish criminal court Judge Terry Q. Alarcon as a "special master" to review and decide on the appropriate level of interim funding.

The U.S. Department of Justice and the Southern Poverty Law Center, which have been fighting for jail reforms, said they have no problem with the choice of Alarcon.

But the city is balking. Instead of a special master, it wants a forensic accounting probe and a full hearing to determine just how much money Gusman really needs.

"There has been no proof that any alleged unconstitutional conditions at the jail are the result of a lack of funding," according to the filing by the City Attorney's Office. "These statements are pure speculation at this point."

According to the city, Gusman's office submitted a request for $38 million to $39 million in funding, then a week later delivered an 11-page document supporting the estimate.

Mayor Mitch Landrieu talks with Orleans Parish Sheriff Marlin Gusman at the groundbreaking ceremony for the intake processing center for Orleans Parish Prison. September 1 2011 John McCusker, The Times-Picayune

"It defies logic that documents supporting an estimate would be generated after the estimate has been provided," the city's legal filing states.

The city suggested that Gusman's office was wasting money and challenged the sheriff's argument that a lack of funding has caused hiring and staff retention problems -- despite the fact that many incoming sheriff's deputies make less than $10 an hour.

Requests for the 11-page document were not immediately met by either the city or Gusman's office, but the court filing clearly suggests that Gusman is bucking for a major increase in staffing and salaries for deputies.

The city cited an expert, Ken McGinnis, who said that "rarely do salary increases resolve turnover problems." Another city expert, Dr. James Austin, thinks the staffing issue "is related to improper deployment rather than the number of staff members," according to the city's filing.

The city also claims the request would cripple the budget and force furloughs on several hundred of police officers, firefighters and other city employees. According to the city, that would be illegal under state law.

Among the sheriff's expenditures that the city has called into question is the recent purchase of a fleet of motorcycles. The office also has the highest fuel costs of any city-funded agency or department, according to the city.

The money issue has all but stalled the finalization of the consent decree, the framework of which has been agreed upon by Gusman, the federal government and lawyers for inmates.

The consent decree stems from a 4-year investigation by the Justice Department that found numerous constitutional violations.

In two "finding letters," the federal agency has reported unconstitutional levels of violence at the jail, as well as inadequate mental health care for prisoners and other problems.

The agreement would settle civil rights claims against Gusman's office through a series of requirements to reduce violence in the jail facilities and improve mental health care.

According to court records, it will require changes to rework suicide prevention practices, improve sanitation, bolster medical care and offer translation services for inmates who don't speak English